Can you avoid data plan on an unbranded phone?

[Dagobert_ZOMGthenamewastaken]

So here's the thing, my dad was using a Windows phone, I think it's from two years ago, it's got that Metro style UI. Anyways he got it like 3 months ago, a salesperson at an AT&T store said my dad could use it and call customer care to have them cancel any data plan so he'd just use it as a phone itself. Turns out my dad was getting charged each month for it and each time he calls up there's a new story. However now we know and a few more calls to customer care, that you are required to get a data plan for any smart phone. The whole reason I got my dad this phone was because of the UI, it's just easy for him and has big fonts and icons. Just makes things easier for him and his eyesight. He does not need the data plan, he doesn't use the internet, doesn't text images or videos or even store any media on the phone itself. The phone he's using is an HTC phone that's AT&T branded.

Now my question is, can I get him a phone that is not AT&T branded and unlocked so he can insert his sim card and use the phone without the data plan being added to his account? Lets say if I got him a non AT&T branded Windows phone that's unlocked, or even an international version of the Samsung Galaxy S3. Would he be able to do this without being charged a data plan?

 

[paul-c]

AT&T will recognize it as a data device and add the data plan either way. I know someone that pulled this off, but they're on T-Mobile.

Sent from my Panasonic ELUGA

 

[vietalogy]

When I switched Sims for my nexus 4 att didn't recognize the nexus so technically you can use the nexus 4 with no data plan.

Sent from my Nexus 4

 

[Dingus McGee]

So...technically....just WHAT are the specs for a "SMARTPHONE"?

IMEI driven?

What say you A&tt and Verizon?

Dingus

 

[YourMobileGuru]

So here's the thing, my dad was using a Windows phone, I think it's from two years ago, it's got that Metro style UI. Anyways he got it like 3 months ago, a salesperson at an AT&T store said my dad could use it and call customer care to have them cancel any data plan so he'd just use it as a phone itself. Turns out my dad was getting charged each month for it and each time he calls up there's a new story. However now we know and a few more calls to customer care, that you are required to get a data plan for any smart phone. The whole reason I got my dad this phone was because of the UI, it's just easy for him and has big fonts and icons. Just makes things easier for him and his eyesight. He does not need the data plan, he doesn't use the internet, doesn't text images or videos or even store any media on the phone itself. The phone he's using is an HTC phone that's AT&T branded.

Now my question is, can I get him a phone that is not AT&T branded and unlocked so he can insert his sim card and use the phone without the data plan being added to his account? Lets say if I got him a non AT&T branded Windows phone that's unlocked, or even an international version of the Samsung Galaxy S3. Would he be able to do this without being charged a data plan?

AT&T will figure it our eventually and add the data plan. There are cases where people have gotten sway with it for a short time but eventually they get caught.

The original sales associate was wrong.

And yes to answer your question. The first thing they look at is the IMEI but there are other things they can see with the way the phone interacts with the network to determine weather its a smartphone or not.

Sent from my HTC6435LVW using Android Central Forums

 

[natehoy]

When I switched Sims for my nexus 4 att didn't recognize the nexus so technically you can use the nexus 4 with no data plan.

Sent from my Nexus 4

For now. AT&T reserves the right to add phones to their "require a data plan" list as they encounter them.

The best hope is an older phone that either never got on the "smartphone" list or has dropped off it. My wife carried a Nokia MusicXpress that was a pretty smart phone but was not in AT&T's database. My father-in-law is currently carrying a Nokia something-61 that has a physical keyboard and looks a whole lot like a Blackberry Curve, and he didn't need a data plan.

But they can change the list for "bring your own" devices and add a data plan if they add YOUR phone to the list, and I can't imagine the Nexus 4 will remain an exception for any length of time.

PS: Before anyone accuses me of being an apologist or something, I think this policy is wrongheaded and very dumb. If I bring my own device, I should be able to choose whether I want to use AT&T's data network, and if I do I should pay for it (and if I do not I should not). But, their company, their terms of service.